Do Aerosol Can Disposal Containers Have to Be Labeled ‘Hazardous Waste’?

Q. If you collect aerosol cans to be punctured, can they be collected at satellite accumulation areas, with just the label "aerosol cans to be punctured"? Does it need to contain the word "hazardous"?

A. Under the federal rules (40 CFR 262.34(c)), generators may accumulate hazardous waste in containers in satellite accumulation areas. The containers (into which the aerosol cans are placed) must be labeled with the words "Hazardous Waste" or with other words that identify the container’s contents (e.g. "spent toluene solvent"). Aerosol cans that do not meet the federal definition of "empty" (40 CFR 261.7), are, regardless of contents, usually considered hazardous because they are ignitable (D001) due to the type of propellant used.

If the contents of the aerosol cans (including the propellants) are non-hazardous, the hazardous waste accumulation standards do not apply. However, state and/or local fire protection requirements for product storage would need to be followed.

Note that state requirements may be stricter. Massachusetts, for example, requires containers in satellite accumulation areas to be labeled with more information than is required under the federal rules.

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Q. What are the Minnesota requirements for staging containers of spent aerosol cans (not meeting the federal definition of “empty”)?

A. There are many issues involved in the management of non-empty aerosol cans in Minnesota. The issues involved include those regarding the construction of the container in which the aerosol cans are being placed, where that container is located, storage area management, disposal of the aerosol cans, puncturing procedures, local fire codes, shipping requirements, disposal, and the issue of the remaining waste being ignitable

Here are very brief summaries of a few of the relevant issues:

Puncturing aerosol cans. The Minnesota Pollution Control Agency (MPCA) recommends that you do not puncture aerosol containers unless you have a puncturing device, personnel trained to use it, and follow certain precautions. (Check with MPCA to confirm that a treatment permit is not required.)

Local fire agencies. MPCA advises that you contact your local fire official for specific requirements for the types of aerosol products you store or display.

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Disposal. Non-empty aerosol cans, even if they have been determined to be nonhazardous, have few disposal options. They generally cannot be sent to a landfill or a solid waste incinerator. They will probably need to be managed by a company specializing in hazardous and problem waste disposal.

Storage. Hazardous waste aerosols must be stored in a closed container marked with:

• The words Hazardous Waste
• A clear description of the waste
• The accumulation start date (the date you first placed waste in the container).

If you have only a few aerosol cans, you may mark them individually as outlined above, and place them in a fire-safe storage cabinet. You may designate a special cabinet for waste, or reserve and mark a special section of your product cabinet for waste. If storing incompatible materials, store them in separate containers (such as plastic dishpans) within the waste storage area.